First order: spouse, children, parents.

The second order: brothers and sisters, grandparents, grandparents.

Generally speaking, the share of heirs in the same order should be equal. If the heirs agree through consultation, they may also be unequal. Abandoning inheritance is the right of heirs to abandon inheritance? ,? It is not restricted by any conditions? ,? As long as you really give up? .

Need to go through the transfer formalities. Some procedures can refer to this document:

A complete book on the process and cost of real estate inheritance and transfer procedures

When the real estate trading center handles the transfer of non-transactional real estate, the most contact is the inheritance and transfer of real estate. For the transfer of inheritance, the heir should go to the district notary office where the house is located to notarize the inheritance right. If it is a former export commercial house, it must be notarized by the municipal notary office to avoid going the wrong way.

The notarization fee of inheritance right is charged according to the benefit amount, that is, 2% of the value of the house inherited by the heir after being evaluated by the professional department, and the minimum charge is 200 yuan.

After completing the notarization of inheritance rights, you can go to the real estate center to register the inheritance of real estate with the original notarization certificate of inheritance rights, the application for inheritance transfer (the real estate trading center has a standardized format), the identity certificate of the heir, the original real estate title certificate, the original house plan and cadastral map, the deed tax payment certificate and deed tax payment stamp when buying a house before, and the death certificate of the decedent.

Documents required for inheritance and transfer:

1, house ownership certificate

2. Inheritance certificate

3. Copy of the heir's ID card

4. Application for successor.

The taxes paid are:

1. Handling fee

2. stamp duty

3. Surveying and mapping costs

Because the inheritance of real estate involves tax issues, the real estate center requires heirs to go to recognized professional real estate appraisal institutions to evaluate the value of real estate. The state has special standards for the collection of assessment fees, and the difference used will be collected at a fixed ratio. This is very similar to the principle of progressive tax rate adopted when paying personal income tax, that is, the rate grades are divided according to the total price of real estate, and the expenses of each file are calculated according to the file, and the cumulative sum of the expenses of each file is the total cost.

The specific charging standard is:

Grade real estate total price (ten thousand yuan) progressive billing rate ‰

Up to and including 1 100 5

2 10 1 to 1000 Part 2.5

3 100 1 to 2000 1.5

4 200 1 to 5000 0.8

5 500 1 to 8000 0.4

6 800 1 to 10000 0.2

7 or more 10000 0. 1

When handling the inheritance registration, there are still some fees to be paid, including the registration fee of 100 yuan, the stamp duty of 5 yuan's warrants, and the contract stamp duty of 0.05% of the appraised value of the inherited house.

Different from the inheritance and transfer of real estate, the gift of real estate also needs to pay deed tax. The specific process and cost are as follows.

First of all, a written house donation contract, that is, a donation book, needs to be concluded between the real estate donor and the donee. Then, the donator and the donee should take this gift book and the house property certificate, and at the same time go to the notary office where the house is located to notarize the house gift.

This process involves two expenses. One is the notary fee. Like the notarization of inheritance rights, the notarization fee for house donation accounts for 2% of the total income, but it is not lower than that in 200 yuan.

The last link is to go to the real estate trading center to go through the registration formalities of house ownership transfer. The required materials include the application for housing donation, the identity documents of the donor and the recipient, the original real estate title certificate, the donation book and notarized materials, and the deed tax receipt. The fees to be paid in this link also include the registration fee of 100 yuan, the stamp duty of 5 yuan's warrants and the contract stamp duty of 0.05% of the house appraisal price. We calculated above, and the expenses add up to 255 yuan.

● Related knowledge links

★ Inheritance and transfer of heritage

1. There is no time limit for handling property inheritance. You can apply at any time since the death of the owner of the house.

The longer the time, the more troublesome the procedure may be and the cost may increase. For example, if an heir dies before the division of the estate, his successor has the right to inherit his share.

3. Multiple children inherit together, and all heirs need to apply to the notary office for inheritance notarization. If someone delays, the notary office will not be able to issue a notarial certificate. Without a notarial certificate, it is impossible to go through the formalities of real estate transfer registration without litigation.

4. Try to solve the problem through negotiation. If negotiation fails, the court may decide the ownership of the estate according to law through litigation. However, this way affects family ties and costs a lot, so we should consider it carefully.

★ Expenses for property inheritance and transfer.

There are some expenses for inheritance and transfer of real estate, mainly including notarization fees for inheritance rights of real estate, housing appraisal fees, taxes and fees for transfer of real estate, etc.

1, notarization fee for inheritance right;

The notarization fee for the right of inheritance is charged at 2% of the appraised price of the real estate inherited by the heir, and the minimum is not lower than that of 200 yuan.

2. Cost of real estate valuation;

According to the document of Fang Jia (1996)088, the appraisal fee is calculated by the difference method and progressive method according to the real estate value.

Total real estate price (ten thousand yuan) progressive billing rate ‰

100 or less (including 100) 5

2.5 part from 10 1 to 1000.

100 1 to 2000 1.5

0.8 from 200 1 to 5000

500 1 to more than 8000 0.4

800 1 to 10000 or above 0.2

10000 above 0. 1

3, real estate inheritance and transfer tax.

Including the contract stamp duty of 0.05% of the appraised house price, the registration fee of 65,438+000 yuan and the stamp duty of 5 yuan's warrants.

4. Deed tax

Legal heirs do not pay deed tax when inheriting real estate, and non-legal heirs need to pay deed tax 1.5% when inheriting land and house ownership according to will.

For example, a house of 1 10,000 is inherited and transferred, and the appraisal fee of 500 yuan Zhongfang is 5,000 yuan+notarization fee is 20,000 yuan+contract stamp duty 100 yuan+warrant stamp duty is 25,605 yuan in 5 yuan Zhongfang, which is quite considerable, so some people directly register their houses in their children's names when buying real estate.

However, if the value of the house declared by both parties is in line with the market price, the assessment fee can generally be exempted. If it is only a notarized signature fee, it only needs a few hundred yuan, so the cost is greatly saved.

★ Inheritance and transfer of houses can be exempted from deed tax.

Housing inheritance and transfer need to go through two steps: notarization of inheritance right and inheritance registration, which is exempt from deed tax.

Step 1: Go to the district or municipal notary office (the original exported commercial house goes to the municipal notary office) for notarization of inheritance rights. There are two kinds of notarization of inheritance rights: testamentary notarization and intestate notarization, and the corresponding materials to be submitted are also different.

(1) Materials to be submitted for notarization of testamentary succession:

1, decedent's death certificate (notarized for export houses);

2. House property certificate or other supporting documents (notarized for export houses);

3, household registration book or other documents that can prove the relationship between the decedent and the legal heir (the original export house needs notarization);

4. The will made by the decedent (the will must be notarized, and other forms of wills are not adopted for the time being because their authenticity cannot be determined);

5. The identity certificate of the heir (the original export house shall be notarized);

6. Other documents required by the notary office.

(2) The materials to be submitted for notarization of intestate inheritance right:

1, decedent's death certificate (the original exported house needs notarization);

2. House property certificate or other supporting documents (the original export house shall be notarized);

3. Household register or other documents that can prove the kinship between the decedent and the legal heir (notarized for export houses);

4. The identity certificate of the heir (the original export house needs to be notarized);

5. Documents required by other notary offices.

(III) Notarization fee: The notarization fee for inheritance rights is generally charged at 2% of the benefit (that is, the assessed value of the inherited house), and the minimum fee is 200 yuan.

Step 2: Registration of real estate inheritance. Heirs to the district real estate trading center for housing property inheritance registration (housing export, Shanghai real estate trading center for registration).

(1) Information to be submitted:

1, the original application (the real estate trading center has a standardized format);

2, the identity documents of the parties (the original export house should be notarized);

3. If an agent is entrusted, the original power of attorney and the identity certificate of the agent shall be provided (the original export house shall be notarized);

4. Original title certificate (the original export house shall be notarized)

; 5. The original house plan and cadastral map in duplicate;

6. The original deed tax payment certificate (for future reference) and deed tax payment decal shall be submitted after tax payment; 7. The decedent's death certificate (notarized for the original exported house);

8. Original notarial certificate of inheritance right;

9. Other relevant documents.

(2) Fee: Registration fee: 100 Yuan/piece; Contract stamp duty: 0.05% of the appraised house price; Stamp duty on warrants: 5 yuan/Ben; Transaction fee: 5 yuan/m2; Deed tax: exempt from payment.

(3) Processing period: within 25 days.

★ Property inheritance and transfer procedures

Housing inheritance means that after the decedent dies, his property belongs to his testamentary successor or legal heir. Therefore, only the decedent's house has legal property rights can be inherited, and the right to use the house, the house with small property rights, and the house under the name of others cannot claim inheritance. When inheritance occurs, it is necessary to analyze the property of * * *, that is, to separate the share of property under the name of the decedent before inheritance. If there is a will or legacy, it shall be handled in accordance with the will or legacy first; Invalid wills or bequests or untreated parts of property shall be handled according to legal inheritance.

General real estate will go to the real estate trading center to handle real estate after obtaining inheritance notarization, mediation or court judgment through inheritance notarization and inheritance litigation. Let's analyze and compare the two ways of inheritance.

First, the real estate inheritance notarization procedure

First contact the notary office where the property is located to make an appointment. All heirs must be present. If the foreign or foreign heirs cannot be present, the notary will entrust local relatives and friends to handle it on their behalf. Property inheritance notarization generally requires the following documents:

1. Issue the death certificate of the deceased or provide the medical death certificate of the deceased at the police station to which the deceased belongs;

2, the deceased unit or police station issued by the heir identity certificate;

3. The identity certificate of the heir;

4. Inherited real estate license or other supporting documents.

5. The will made by the decedent before his death (the situation of testamentary succession).

If there is more than one legal heir, and the property is transferred to only one of them, the other people need to agree in writing to give up the inheritance of the property.

Second, the notarization procedure of litigation inheritance

According to the relevant provisions of the Civil Procedure Law, the jurisdiction of property inheritance litigation is determined as the location of real estate, that is, it is under the jurisdiction of the court where the property is inherited. There are many heirs, some plaintiffs and some defendants. Property inheritance litigation generally requires the following documents:

1. Issue the death certificate of the deceased or provide the medical death certificate of the deceased at the police station to which the deceased belongs;

2, to the deceased unit or police station issued a certificate of kinship;

3. A copy of the heir's ID card. If it is a foreign heir, a notarial certificate is required;

4. Inherited real estate license or other supporting documents.

5. The will made by the decedent before his death (the situation of testamentary succession).

If there is no objection between the heirs to the transfer of real estate, a conciliation statement may be formed. If no agreement can be reached on property inheritance, the court will make a judgment.

Third, analyze and compare the two ways of inheritance.

Generally speaking, if there is no dispute between heirs, the legal documents are complete, and inheritance procedures are urgently needed, priority can be given to inheritance notarization of real estate inheritance procedures. The advantage of notarization inheritance is that it will take faster time to apply for a certificate.

If there are great differences between the heirs, a consensus cannot be reached; Or if it is difficult for the heir to obtain evidence from the police station or unit because of his old age and infirmity, living abroad or other places, it is recommended to hire a lawyer to solve the problem through court proceedings.

If there is no dispute between the heirs and they are not in a hurry to obtain the legal documents of inheritance, it is still recommended to deal with it through litigation. At present, many courts in Shanghai have pre-litigation mediation procedures. If the process is smooth, it can generally be completed within one month to two months. If the case is settled through mediation, the legal fees may be halved.

Four, to the real estate trading center for real estate inheritance materials to be submitted.

1, house ownership certificate;

2. Inheritance of notarization or court mediation, judgment;

3, the heir's identity card and a copy;

4. Application for registration of house ownership (accepted at the acceptance window).

If the successor is unable to handle it in person, a power of attorney or notarial certificate, the identity card of the trustee and a copy thereof shall be submitted; If the heir is underage, submit the original and photocopy of the guardian's ID card. Article source: Zhonggu French Open (free legal advice, just go to Zhonggu French Open)